Department for Transport

Rail Update

Baroness Vere of Norbiton: My Right Honourable friend, the Secretary of State for Transport (Grant Shapps), has made the following Ministerial Statement.Today (1 December 2020), we are announcing that £825 million of additional borrowing will be made available to the Greater London Authority (GLA) for the purposes of Crossrail. The GLA intend to repay this loan via London’s Business Rate Supplement and from the Mayoral Community Infrastructure Levy. This agreement will ensure that the project continues to be funded. The government remains committed to the rapid completion of the project, in a way that is fair to UK taxpayers, and has committed to financing the completion of Crossrail. However, London - as the primary beneficiary – must ultimately bear any additional costs. Crossrail Ltd is committed to reducing its funding shortfall, and will take all necessary steps to complete the project without requiring further additional funding. TfL is ensuring that further independent analysis of costs are carried out.

Department for Education

Education Update

Baroness Berridge: My right honourable friend the Secretary of State for Education (Gavin Williamson) has made the following written ministerial statement on Monday 30 November.The Prime Minister has announced the exit from national restrictions on 2 Dec, and set out our return to a regional tiered approach. The strengthened tiering approach takes into account advice from Scientific Advisory Group for Emergencies (SAGE) and should prevent the need to introduce stricter national measures and allow for education and childcare settings to remain open across all tiers.  On 13th November SAGE published papers relating to the latest evidence of incidence and transmission of coronavirus (COVID-19) in schools. The science is clear that children and young people are typically at very low risk from coronavirus (COVID-19). The disease is much less severe for children, even if they do catch coronavirus (COVID-19).   The SAGE papers provide clear evidence regarding the risks from pupils not being in school. The documents are clear that school closures put educational outcomes at risk, especially for disadvantaged students. Transmission to and from children and young people can occur in household, community, and educational settings. SAGE also noted that that there are significant educational, developmental and mental health harms from schools being closed, particularly for younger children, and vulnerable children where learning at home is likely to reinforce inequalities (high confidence). This impact can affect both current levels of education, and children’s future ability to learn.Therefore, this issue requires balancing of risk and harms: including the health risks to children and staff from COVID-19; impacts on community transmission; and the direct risks to children’s mental health, wellbeing, development and attainment from missing education. The Chief Medical Officer has reinforced recently that the balance of risks is firmly in favour of keeping schools open. For the vast majority of children, the benefits of attending school far outweigh the low risk from coronavirus (COVID-19) and schools can take action to reduce risks further through the system of controls set out in our guidance.Covid-19 contingency framework for education and childcare settings The education and childcare settings tiers and the use of rotas in schools was removed from the Contain Framework and has been replaced by a stronger contingency plan which continues to prioritise vulnerable children and young people, children of critical workers, students in exam cohorts and children in childcare or primary schools.This framework is not directly linked to policy on local tiers of restriction. This framework is designed to set out how restrictions should be implemented in education and childcare settings as a containment measure for the rare circumstances in which they are required to address community transmission in any area.This guidance for local authorities, childcare and education settings (excluding higher education) was published on 27 November and covers contingency plans for: early years and primary schools; secondary schools; further education colleges, alternative provision and special schools).As part of their contingency planning, settings should consider how they would operate in the event that these restrictions become necessary in their local area, including how they would ensure that every child, pupil or student receives the quantity and quality of education and care to which they are normally entitled.Any restrictions on education should only be as a last resort and should only be instituted on the recommendation of central government. The Government will do everything possible to avoid triggering those contingency measures at any stage.An educational or childcare setting should not move to implement restrictive measures of the kind set out in the contingency framework without the explicit agreement of the DfE. DfE will work with other government departments, the Chief Medical Officer, the Joint Biosecurity Centre (JBC), Public Health England (PHE) and relevant local authorities to ensure the decision is informed by the available evidence and viewed in conjunction with the wider local interventions in place and under consideration.Covid-19 workforce fundKeeping education settings open remains a national priority. We recognise that schools and colleges have faced significant challenges during the pandemic as they have sought to maintain high quality education for their pupils and students. To support schools and colleges with these ongoing challenges we have announced a new Covid-19 workforce fund targeted at those with the highest staff absences that are also facing significant financial pressures. This will help schools and colleges to meet the cost of absences experienced during the period from the beginning of November until the end of this term, where they meet specific criteria relating to their absence rates and finances:Mainstream schools and colleges must be experiencing a short-term teacher absence rate at or above 20%, and/or a lower long-term (15 days or more) teacher absence rate at or above 10% - costs can only be claimed for the costs incurred above this rate.Special schools and Alternative Provision schools must be experiencing a short-term teacher absence rate at or above 15%, and/or a lower long-term (15 days or more) teacher absence rate at or above 10%, to be eligible - costs can only be claimed for the costs incurred above this rate.Claims for support staff absences will be on an exceptional only basis, where necessary in keeping schools and colleges open. In special schools and Alternative Provision, there will be greater flexibility for claims for these staff.Before claiming support, schools will first need to use any existing financial reserves, as we would typically expect when facing unforeseen costs. They will be eligible for this additional funding once they have used these reserves down to a level at 4% of their annual income. For colleges, eligibility will be based on their cash position set out in the November financial return.This fund comes on top of our funding for schools facing exceptional costs during the summer months, the £1 billion Covid catch up fund to help all children make up for lost education, as well as the core funding that all schools and colleges continue to receive. The Department for Education will publish detailed guidance, including conditions for eligibility, shortly.

Home Office

The UK’s Points-Based Immigration System

Baroness Williams of Trafford: My hon Friend the Parliamentary Under Secretary of State for Future Borders and Immigration (Kevin Foster) has today made the following Written Ministerial Statement:I am pleased to confirm the Government has today launched a number of immigration routes under the new UK points-based system, including the Skilled Worker route. This is a significant milestone and delivers on this Government’s commitment to take back control of our borders by ending freedom of movement with the EU and replacing it with a global points-based system. The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020, which received Royal Assent on 11 November, ends free movement on 31 December 2020 and paves the way for our new points-based system that treats EU and non-EU nationals equally. Applicants for the new routes can now start to apply under the points-based system. EEA nationals who arrive in the UK before 31 December 2020 remain eligible for the EU Settlement Scheme. Over 4.2 million have already applied and others have until 30 June 2021 to do so. The points-based system will work in the interests of the whole of our United Kingdom and prioritise the skills a person has to offer, not where their passport comes from. It will ensure we attract the brightest and best talent we need to contribute to our economy, our communities and our public services. It also forms a critical part of this country’s economic recovery by ensuring investment in the UK domestic workforce and helping us create a high wage, high skill, high productivity economy is the focus of employer’s recruitment activities. Today’s launch builds on the successful opening of the reformed Global Talent route in February, the Health and Care visa in August and the Student and Child Student Routes in October. In addition, as the Chancellor set out in the Spending Review last week, we are supporting the delivery of the new borders and immigration system with an additional £217 million of funding. Ending free movement and introducing the points-based system is the first phase of our plans to transform the operation of our borders and immigration system. Additional routes will be opened in the coming months and our longer-term plans will further simplify, enable and digitise our systems to put customers at the heart of a firmer, fairer and easier to navigate borders and immigration system.

Consultation seeking views on changes to the Proceeds of Crime Act 2002 Codes of Practice

Baroness Williams of Trafford: My rt hon Friend the Minister of State for Security (James Brokenshire) has today made the following Written Ministerial Statement:I intend to lay legislation in 2021 which will commence the Criminal Finances Act 2017 in Northern Ireland. As part of this, I will issue updated codes of practice under the Proceeds of Crime Act 2002. The Proceeds of Crime Act 2002 contains a comprehensive package of measures designed to make the recovery of unlawfully held assets more effective. The operation of certain powers within POCA are subject to guidance in various codes of practice issued by the Home Secretary, the Attorney General and the Advocate General for Northern Ireland, the Department of Justice and Scottish Ministers. The existing codes of practice need to be updated to reflect my intention to commence the Criminal Finances Act in Northern Ireland, following consent from the Justice Minster, Naomi Long. The changes to the codes will not come in to force until the Criminal Finances Act has come in to force in Northern Ireland. The Proceeds of Crime Act provides that before a revised code of practice is issued, I must consider any representations made and modify the codes as appropriate, and subsequently lay the codes before Parliament for approval. As such, I will launch a consultation today, 1 December, for eight weeks. I intend to consult on changes to the following codes of practice: The Investigation Code of Practice issued under s.377 of the Proceeds of Crime Act, which provides guidance for investigators in England, Wales and Northern Ireland.The Search, Seizure and Detention of Property Code of Practice issued under s.195S of the Proceeds of Crime Act, which provides guidance in relation to certain reserved functions in Northern Ireland.The Recovery of Cash: Search Powers Codes of Practice issued under s.292 of the Proceeds of Crime Act, which provides guidance for investigators in England, Wales and Northern Ireland.The Recovery of Listed Assets: Search Powers Codes of Practice issued under s. 303G of the Proceeds of Crime Act, which provides guidance for investigators in England, Wales and Northern Ireland. The Attorney General will also consult on changes to the Investigation Code of Practice issued under s.377A of the Proceeds of Crime Act, which provides guidance for prosecutors in England, Wales and Northern Ireland. I will arrange for a copy of the consultation documents to be placed in the libraries of both Houses.

Cabinet Office

Section 7(4) of the Fixed-term Parliaments Act 2011

Lord True: My Hon. Friend, the Minister of State for the Constitution and Devolution (Chloe Smith), has today made the following Written Statement:Today, the Government publishes in draft the Fixed-term Parliaments Act 2011 (Repeal) Bill, which is required to repeal the Fixed-term Parliaments Act 2011 (FTPA), and in doing so revive the prerogative power to dissolve Parliament.The Bill makes express provision that the dissolution prerogative is to be revived to ensure legal, constitutional and political certainty around the process for dissolving Parliament. There will be an ouster clause in the Bill to reinforce the long standing position that the exercise of the dissolution prerogative is not reviewable by the Courts.The Bill retains certain aspects of the FTPA to ensure the continued operability of our electoral system. The Bill does not change the 25 working day period between dissolution and polling day. The Bill also contains provision to fix the maximum length of a Parliament at five years, thereby returning to the pre-FTPA position.There will also be provision made in the Bill to give the Prime Minister the discretion, within clearly defined limits, to set a new polling day in the event of the demise of the Crown. Under Section 20 of the Representation of the People Act 1985, in the event of the demise of the Crown after a proclamation summoning a new Parliament, polling day is postponed by a fortnight. The 1985 Act provides no discretion or flexibility to further alter the date of the poll and had demise occurred after the dissolution of Parliament for the 2019 election the polling day would have been postponed to 27 December (the day after Boxing Day). In these very unlikely circumstances, the Prime Minister has the discretion to move the polling day up to seven days either side of this default fourteen day postponement.I am also depositing in the libraries of both Houses a draft document setting out the Government’s initial thinking on the non-legislative constitutional principles that will need to underpin the exercise of the prerogative powers to dissolve Parliament. The Government would welcome the joint committee and other parliamentary select committees giving consideration to these underpinning conventions.The FTPA was a departure from the long-term constitutional norm, whereby the Prime Minister could seek an early dissolution of Parliament. It was passed with limited scrutiny, and created parliamentary paralysis at a critical time for our country. This Bill, in returning our constitutional system to the pre-FTPA status quo ante, will enable the Government, within the life of a Parliament, to call a general election at the time of their choosing, and allow the people to decide on their Government.It is vital that this important part of our constitutional settlement is given careful consideration and we welcome the forthcoming scrutiny of the draft Bill to ensure that what replaces the FTPA is subject to greater scrutiny.